If my father has a pre-nup but he wants to pay for 1/2 of my stepmother’s nursing home care, do you thing this would invalidate his pre-nup or Trust?

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If my father has a pre-nup but he wants to pay for 1/2 of my stepmother’s nursing home care, do you thing this would invalidate his pre-nup or Trust?

My dad’s pre-nup states that they are to keep everything separate just as though they have never been married. My dad wants to make sure it’s OK to gift my stepmom with cash to help with her nursing home care.

Asked on April 11, 2012 under Estate Planning, Arizona

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

No one can give you a definitive answer without reviewing the document.  However, often the document provides for being more genereous without invalidating the terms of the agreement.  Get it reviewed by qualified counsel to get a conclusive answer.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would take the document and your question to an attorney in the area to review. It is always best to read the documents involved and this forum does not allow for that.  But if it is as you say and it is his money then logically he can do with it as he pleases for any one that he pleases with out retribution from anyone.  Get help.  Good luck.


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